Allowed
Dev Nath Munda Alias Deva Munda v. the State of Jharkhand
Jharkhand HCA.B.A./1259/2023
Case brief
from the order text
What is this about?
COURT OF JHARKHAND AT RANCHI A.B.A. No. 1259…
What the court decided
AI extract
COURT OF JHARKHAND AT RANCHI A.B.A. No. 1259…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1259 of 2023
Dev Nath Munda @ Deva Munda … … Petitioner - Versus - The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioner : Mr. Rakesh Kumar Gupta, Advocate For the State : Mr. Rakesh Ranjan, A.P.P.
04/21.03.2023
Heard the parties.
Petitioner is apprehending his arrest in connection with Pithoria P.S. Case No.77/2020, for the offences registered under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act, pending in the court of learned Additional Judicial Commissioner -IV-cum-Spl. Judge POCSO, Ranchi.
Mr. Rakesh Kumar Gupta, learned counsel for the petitioner at the very outset stated that no process under Sections 82 & 83 of the Cr. P.C. has been issued against the petitioner.
It is alleged that petitioner had enticed 17 years old daughter of the informant with the intention to marry her. During course of investigation, statement of the victim under Section 164 Cr.P.C. was recorded, in which she has stated that she was having affair with the petitioner and she left her lawful guardianship according to her own wish and when she returned home, she was mistreated by her family members.
It was submitted that parties have married and there is a child from the wedlock.
Learned A.P.P. has opposed the prayer for bail.
Regard being had to the facts and circumstance of the case, I am inclined to enlarge the petitioner on anticipatory bail. He is directed to surrender before the court below within two weeks from the date of receipt of copy of this order, and learned court below on his surrender shall release him on bail on furnishing bail bonds of Rs. 25,000/- (Twenty five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner-IV-cum-Spl. Judge POCSO, Ranchi in connection with Pithoria P.S. Case No.77/2020. Subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ambuj Nath, J.)
Jay/-
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail pending investigation in a POCSO case alleging enticement and abduction.
4 provisions across 3 enactments
Dev Nath Munda @ Deva Munda
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court